Can i withdraw the previous pending H1B amendments after most recent approval?

Hi Anil,

My H1B was approved from 2016 to till June 2019, I changed 3 clients between these days, 2 amendments are pending.
Now I am going to apply Amendment/Extension with new client?

What do you suggest can i withdraw the previous amendments?

You should NOT withdraw the pending H1B amendments as you want that time to stay legal.

If you withdraw, the time spent working as per the amendments can be deemed as ‘out of status’ time since you did not work according to your approved petition.

Okay Thank you for your response - Anil,

I have to add one more questions here.

My H1B Extension should be depending on pending Amendments?
(Pending amendments should be approved before they take decision on my H1B Extension?).

Your extension will depend on amendment but we have seen approvals in no specific order.
Anything can happen.

Anil - As i discussed with my company they are suggesting to apply H1B extension in consular process due to pending Amendments and in that one amendment got RFE yesterday.

  1. Is consular process really has any advantage?

  2. If I apply in consular process can i work legally after I-94 expires.

  3. If i transfer H1B to some other company still USCIS consider the pending amendments?

H1B consular processing wipes the slate clean

H1B consular processing is helpful to wipe the slate clean if you have multiple H1B amendments pending which can affect your status in USA.

Since, each can get its own result and your status is dependent on their approval, your attorney has suggested to get records clean.

Once you go out of US and re-enter, you get a new i94 and all is well since your i94 is stamped ‘Admitted’ with H1B status.

All previous status violations, if any, go out of picture once you are “Admitted”.

Consular Processing - Work after i94 expiry

No, you cannot work after i94 expiry as per my opinion as you have NOT applied for ‘extension of status’.
You have applied for consular processing meaning that you plan to go out of USA and re-enter USA after getting US visa stamp.

Double check with your Attorney on this though.

H1B transfer

All depends on your i94 expiry status. If i94 has already expired, your amendments will definitely become a bridge application and will affect H1B transfer result.

Thank you - Anil to make it clear about Consular processing.

H1B Transfer - My I-94 Expires in June 2nd 2019, If i transfer Now H1B to another company, still amendments would effect to transfer?

You should be fine if you transfer now.
Infact, i strongly suggest to file transfer before your current i94 expires.

Thank you Anil - If i transfer(Work for new employer on receipt number) Now Still my current employer need to wait response for Amendments or He can withdraw the amendments?

If He with draws the amendments before i get transfer approval do i comes under out of status on those days?

Your old employer is obligated by law to withdraw your petition once you stop working for them.

So, that is fine as long as you have joined the new H1B employer and have started working on receipt.
You will not be ‘out of status’.

Thank Anil and one more clarification - If I do both on same time

  1. H1B extension with current employer - Continue with current employer to get response for H1B extension.
  2. Transfer to new company (New company is implementation partner ) before I- 94 expires and wait for approval move to their payroll.

In this case if my current employer petition rejects can continue with new company on receipt number instead of exit the country?

If I what could be pros and cons?

You can move to new employer based on receipt as i have already answered earlier.